Karl-Heinz Boeckstiegel - ARBITRATOR PROFILE AND APPOINTMENTS

RECENT IAREPORTER COVERAGE ABOUT Karl-Heinz Boeckstiegel

• Looking Back: ICSID tribunal in Caratube v. Kazakhstan (1) examined treaty provision providing conditional consent to treat local companies as foreign investors, and declined jurisdiction after finding that these conditions were not fulfilled
  Feb 11, 2022
• Belgian appeals court finds that Stati v. Kazakhstan award was procured through fraud
  Nov 17, 2021
• Turkish contractor Bayindir lodges a new claim against Pakistan, 12 years after an ICSID tribunal rejected an earlier BIT claim between the parties.
  Oct 14, 2021
• Looking Back: High-profile tribunal hearing one of Venezuela’s earliest ICSID cases discussed foreign control requirement, force majeure, lost profit, and compound interest
  Sep 02, 2021
• Bid to collect on controversial +$500 million award leads to threat of a new Energy Charter Treaty arbitration
  Aug 05, 2021
• Looking Back: Tribunal in AES v. Argentina pondered the role of arbitral precedent, set out a two-prong test for defining a “legal dispute”, and found contractual forum selection clauses irrelevant to a treaty-based dispute
  Apr 28, 2021
• Poland Round-Up: A new award, a newly-identified tribunal, and other procedural updates on Polish cases – including a previously unknown judgment from set-aside proceedings
  Feb 04, 2021
• In newly-uncovered ruling, annulment committee opts to lift stay of enforcement, seeing risk that state will not honour the award if annulment fails
  Dec 22, 2020
• Arbitrators comings and goings: Three replacements and one resignation
  Oct 22, 2020
• Analysis: Veeder-chaired tribunal finds that Austrian investors made prima facie claims, and rejects intra-EU objection
  Sep 08, 2020
• Jurisdictional award in V.V. Veeder-chaired ad hoc arbitration against Poland comes to light
  Sep 03, 2020
• ANALYSIS: surfaced award illuminates why Boeckstiegel-chaired tribunal awarded rare earths miner $15 million in sunk costs
  Jul 09, 2020
• Burford moves to collect on heretofore confidential investment award against Central Asian state
  Jul 08, 2020
• Looking Back: Tribunals in Trans-Global Petroleum v. Jordan and Brandes v. Venezuela provided the first known interpretations of ICSID Arbitration Rule 41(5)
  Jun 29, 2020
• Kazakhstan defeats enforcement of Stati/Ascom award against Central Bank assets – but award remains standing despite fraud allegations
  Jun 22, 2020
• Looking Back: ICSID tribunal in Middle East Cement v. Egypt found a partial expropriation of cement import business, and criticised state failures to notify claimant of ship seizure and auction
  May 06, 2020
• Looking Back: In Noble Ventures v. Romania, an early ICSID tribunal adopted an expansive interpretation of an umbrella clause in the US-Romania BIT, but ultimately rejected the case on the merits
  Mar 04, 2020
• Spain files for annulment of €29 million OperaFund award
  Mar 03, 2020
• BIT claim against Ukraine is allowed to proceed, but one of the claimants - the Republic of Tatarstan - fails to clear jurisdictional hurdle
  Feb 18, 2020
• Decade-old AES v. Argentina case shows new signs of life; revised tribunal features two new arbitrators, with Ricardo Ramirez Hernandez as chair
  Dec 13, 2019
• UPDATED: Claimants ask for (and receive) rectification of Spanish renewables award in order to correct perceived error in currency used for damages
  Oct 17, 2019
• Analysis: In OperaFund v. Spain award, reasons emerge for split amongst arbitrators as to “express stability commitment” in Spanish renewables regime
  Sep 27, 2019
• In split ruling in OperaFund and Schwab Holding v. Spain case, Boeckstiegel and Reinisch hold Spain liable for breaking stability commitment to solar investors, but Phillipe Sands dissents
  Sep 11, 2019
• Canadian investor Stans Energy wins $24 million in (second) arbitration with Kyrgyzstan
  Aug 22, 2019
• Analysis: Churchill & Planet Mining v. Indonesia annulment committee finds that parties’ discovery obligations can be limited by domestic law on confidentiality, and that procedural orders are outside a committee’s mandate
  Mar 24, 2019
• Final costs details are released in Philip Morris v. Australia following request by IAReporter
  Mar 21, 2019
• Churchill and Planet Mining fail to overturn adverse ICSID award, and are left to bear costs in fight with Indonesia
  Mar 19, 2019
• Ukraine round-up: Philip Morris BIT threat leads to settlement of dispute; an update on five other pending investment arbitrations
  Dec 05, 2018
• Serbia held liable at ICSID in case alleging failure to enforce environmental regulations
  Nov 10, 2018
• UP and CD v. Hungary: On damages, arbitrators decline to apply a legal risk premium, citing the claimants’ successful lobbying to fend off early regulatory risk
  Oct 12, 2018
• Analysis: In a striking new award, ICSID tribunal rules that Achmea judgment does not cast shadow over ICSID-based arbitration; but efforts to empanel ad-hoc committees to review such intra-EU BIT awards keeps getting harder
  Oct 11, 2018
• UP and C.D. v. Hungary: On the merits, tribunal finds expropriation of the claimants’ investment and awards 23 million EUR plus interest
  Oct 11, 2018
• ICSID Tribunal parts company with arbitrators in another case under same treaty and allows MFN clause to be used to bypass a narrow investor-state arbitration clause
  Oct 11, 2018
• Stati and Ascom v. Kazakhstan: UK appeals court allows claimants to avoid fraud trial, after they decide to abandon enforcement efforts in that jurisdiction
  Aug 13, 2018
• Looking Back: In Canadian Cattlemen v. USA "mad cow" disease dispute, arbitrators held that foreigners without cross-border investments do not have access to investor-State arbitration under NAFTA Chapter 11
  Jul 06, 2018
• Ad hoc committee in Indonesia case agrees to shield investor from an enforcement that might push it into bankruptcy – and declines to pierce veil to pursue shareholders – but stay requires some security
  Jun 24, 2018
• In Karkey v. Pakistan, ad-hoc committee weighs into debate as to whether stays are exceptional, and if an attorney-general pledge has any weight
  Jun 24, 2018
• Stati and Ascom v. Kazakhstan enforcement update: hearing of fraud allegations will continue in UK, despite claimant’s attempt at discontinuing those proceedings
  May 11, 2018
• Three are named by ICSID to hear Pakistan's bid to overturn hefty $800+ million arbitration loss
  Dec 07, 2017
• Analysis: Bear Creek tribunal declines to infer legality requirement, considers interpretive annex on indirect expropriation, and views treaty's general exceptions clause as ruling out other exceptions
  Dec 04, 2017
• Tribunal rejects DCF approach in Bear Creek case; dissenter sees ILO Convention on Indigenous and Tribal Peoples as imposing obligations in context of miner's ICSID claim
  Dec 04, 2017
• Arbitrators hold Peru liable for expropriation of Bear Creek's mining rights, but award compensation only for sunk costs
  Dec 01, 2017
• Looking Back: In Tradex v. Albania case, arbitrators saw jurisdiction under domestic investment law, but claimant fails to prove expropriation or attributability to the state
  Nov 13, 2017
• As Kazakhstan pursues its fraud allegations against investors who won $500 million ECT award, Swedish Supreme Court confirms it won't set aside the ruling
  Oct 30, 2017
• Kyrgyz Republic fails to set aside award at London seat, as Judge sides with investor in fight over meaning of domestic investment legislation
  Oct 16, 2017
• Final award is released in Philip Morris v. Australia case, but crucial costs information is redacted from public view
  Jul 09, 2017
• Asia round-up: China and Vietnam face new BIT claims - by Hela Schwarz GmbH and Trinh Vinh Binh respectively - as proceedings against Korea and Indonesia move forward
  Jun 22, 2017
• English court will hold trial to assess whether alleged fraud was perpetrated on Kazakhstan in relation to $500 million Energy Charter Treaty award 
  Jun 07, 2017
• Looking Back: Ethyl v. Canada case drew early public attention to previously obscure arbitration process, and settled after tribunal's jurisdiction ruling
  Mar 21, 2017
• Tribunals finalized in two Russian-related investment treaty arbitrations (ICSID and UNCITRAL), with Boeckstiegel once again in a familiar role
  Mar 16, 2017
• Kyrgyzstan arbitration round-up: updates on JSC Tashkent, Centerra and Stans Energy cases
  Feb 16, 2017
• French investor wins 23 million EUR under France-Hungary BIT
  Dec 16, 2016
• Kazakhstan fails in bid to set aside half billion dollar Energy Charter Treaty award
  Dec 09, 2016
• Croatia prevails in BIT claim brought by three Belgian nationals
  Nov 04, 2016
• Arbitrators accept one amicus application and reject another in Bear Creek v Peru arbitration
  Jul 26, 2016
• Philip Morris v. Australia award surfaces; tribunal adopted looser test of abuse than seen in Pac Rim case, and deemed investor's corporate restructuring to be abusive
  May 17, 2016
• Two more tribunals are ready to go in arbitrations brought against Spain by energy investors
  Apr 01, 2016
• An update on three investment treaty claims against Hungary
  Feb 24, 2016
• Australia prevails in arbitration with Philip Morris over tobacco plain packaging dispute
  Dec 17, 2015
• As another Argentine bond arbitration collapses at ICSID, arbitrators doubt their power to award costs in these circumstances
  Dec 14, 2015
• Peru's defence in Bear Creek arbitration alleges illegality of mining investment, and debates scope of key protections in Canada-Peru trade pact
  Nov 20, 2015
• Arbitrators selected for Stans Energy's new claim vs. Kyrgyzstan, as battle over earlier award continues
  Nov 11, 2015
• Canadian investor, Bear Creek, lays out merits and damages arguments in $500+ million claim against Peru following shuttering of mine project near Lake Titicaca
  Nov 08, 2015
• In upholding intra-EU Energy Charter award, Swiss court considers EU state aid issue, as well as umbrella clause reservation and tribunal's damages methodology
  Oct 23, 2015
• Tribunals finalized in under-the-radar UNCITRAL and SCC intra-EU investment treaty arbitrations
  Sep 17, 2015
• Dismissal of ICSID claim will stand, as annulment committee declines to second-guess holdings in Kilic v. Turkmenistan case
  Jul 22, 2015
• One of three ICSID Argentine bond arbitrations collapses due to lack of funding
  Jun 02, 2015
• Czech Republic: Govt releases cache of BIT awards, strives to collect costs orders, and currently faces eleven pending treaty claims
  Feb 24, 2015
• Latest developments in the Philip Morris arbitrations against Australia and Uruguay
  Feb 12, 2015
• Balkans Round-Up: updates on investment claims against Croatia, Serbia, and Albania
  Feb 04, 2015
• Intra-EU treaty claims controversy: new decisions and developments in claims brought by EU investors vs. Spain and Hungary
  Dec 24, 2014
• Arbitrators finalized in three proceedings: Bear Creek v. Peru, Krederi v. Ukraine and Unión Fenosa Gas, S.A. v. Egypt
  Dec 10, 2014
• As Serbia is sued at ICSID over regulation of animal-rendering industry, a tribunal in UNCITRAL case is finalized after arbitrator disqualification
  Nov 25, 2014
• Arbitrators in third Argentine bond case issue preliminary ruling, dismissing some objections and postponing others until merits phase
  Nov 19, 2014
• Dutch Supreme Court upholds 2011 BIT award for $96 million rendered in favour of Chevron in lesser-publicized dispute with Ecuador
  Sep 29, 2014
• INVESTIGATION: In recent briefs, European Commission casts doubt on application of Energy Charter Treaty to any intra-EU dispute
  Sep 08, 2014
• Recent developments in three sovereign bond arbitrations against Argentina at ICSID
  Aug 21, 2014
• Funder-backed claim falls short again: one arbitrator saw abuse, another saw no "contribution", and annulment committee declines to overturn
  Jul 15, 2014
• In new annulment ruling, ultimate vote is what matters in collegial adjudicative contexts - not how each arbitrator reasoned their way there
  Jul 15, 2014
• ICSID Tribunals constituted to hear CEAC v. Montenegro, Alghanim v. Jordan and Le Chèque Déjeuner v. Hungary
  Jul 15, 2014
• Philip Morris v. Australia: new ruling explains why jurisdictional questions to be reviewed first; umbrella clause is no longer being used to import WTO law
  Jun 30, 2014
• Australia denies access to its "plain packaging" arbitration defence under Freedom of Information law
  May 12, 2014
• Annulment round-up: Teco and Guatemala each seek review of CAFTA arbitral ruling; ad-hoc committee members named for Kazakh and Turkmen cases
  Apr 29, 2014
• Updates on progress of Philip Morris arbitrations against Australia and Uruguay
  Apr 28, 2014
• In newly-obtained Energy Charter Treaty award (Ascom and Stati v. Kazakhstan) arbitrators offer narrow reading of denial of benefits clause
  Feb 18, 2014
• Government complains that Stockholm Arbitration Institute moves too quickly to make default arbitrator appointment
  Feb 18, 2014
• In rare holding, investors' claims of "coordinated" top-down harassment by Kazakhstan are vindicated
  Feb 18, 2014
• In now-available award, Boeckstiegel tribunal valued Kazakh assets at a half billion Dollars, but rejected key claim for lost profits and opportunities
  Feb 18, 2014
• Croatia Round-up: Arbitrators in place for Croatian real estate dispute; Gov't files UNCITRAL claim against Hungarian energy company
  Jan 21, 2014
• Moldovans secure $500+ million arbitral award in claim against Kazakhstan under Energy Charter Treaty
  Jan 08, 2014
• Russia secures set-aside of hedge fund's modest Yukos-related arbitral award, as investor declines to spend funds to defend pyrrhic arbitral win
  Sep 10, 2013
• Dissent in Ambiente Ufficio v. Argentina bond case becomes public; third arbitrator would have upheld almost all jurisdictional objections
  Jun 18, 2013
• In newly-disclosed 2010 Energy Charter ruling, arbitrators rule that treaty’s denial of benefits clause operates only prospectively
  Jun 18, 2013
• Arbitrators hold that failings of Kazakh courts don't rise to level of international law breach in Liman Caspian Oil case; but umbrella clause can cover legislative "promises"
  Jun 18, 2013
• First hearing in Philip Morris v. Australia arbitration is pushed into 2014, as New Zealand reveals it is awaiting outcome of Australian cases
  Feb 28, 2013
• Another divided ICSID tribunal finds it has jurisdiction to arbitrate an Argentine sovereign debt dispute; failure to pursue local remedies not fatal to case
  Feb 11, 2013
• Tribunal sees no reason to exclude sovereign debt from investments eligible for protection at ICSID and under bilateral investment treaty
  Feb 11, 2013
• Philip Morris vetoes open arbitration hearings in Australia case, but filings may be released, and tribunal decisions will be published
  Jan 10, 2013
• Hearing set for Australia’s request to bifurcate jurisdictional objections in Philip Morris case; will Hong Kong and Australia agree on contested "control" issue?
  Jan 10, 2013
• BIT arbitration against Iran moves to center-stage, against background of bribery lawsuit and now-concluded ICC claim
  Nov 04, 2012
• Oil company seeks annulment of (now-public) ICSID award in billion dollar claim against Kazakhstan
  Oct 12, 2012
• Lithuania Claims Round-Up: Lesser-known arbitrations move forward alongside high-profile gas unbundling battles
  Sep 02, 2012
• AES fails in bid to annul arbitral award, but Hungary faces two more pending claims arising out of power-purchase fracas
  Jul 03, 2012
• Kazakhstan wins another ICSID arbitration, this time fending off $1 Billion claim by oil investor Caratube International Oil Company
  Jun 07, 2012
• Philip Morris v Australia arbitration kicks into gear as tribunal is chosen
  Jun 07, 2012
• Dutch Court rejects Ecuador’s bid to set aside $96 Million award; Court says arbitrators examined - but rejected - Ecuador's arguments on causality, loss of chance, and denial of justice
  May 08, 2012
• Arbitral victory in Yukos case slowly unraveling as U.S. hedge fund declines to spend more money defending arbitral award from Russian attack
  Apr 10, 2012
• Exxon subsidiary awarded $907 Million in ICC arbitration with Venezuelan state oil company; ICSID case still pending
  Jan 01, 2012
• Full reasons for ICSID tribunal’s recent dismissal of Venezuelan telecoms claim (Brandes) are revealed
  Aug 15, 2011
• World Bank arbitration tribunal upholds jurisdiction over Billion Dollar claim by Italian victims of Argentine sovereign debt default
  Aug 07, 2011
• Arbitrators selected and case proceeding at Stockholm Arbitration Institute in dispute arising out of alleged expropriation of oil fields in Kazakhstan
  May 26, 2011
• Arbitrators hold Russian Federation liable for expropriation of Yukos shareholdings; modest damages owed to affiliate of prominent U.S. Hedge Fund
  Dec 19, 2010
• ICSID panel orders Georgia to post $100 Million financial security as condition for staying enforcement of arbitral award while review process plays out
  Nov 25, 2010
• Georgian authorities arrest foreign investor on eve of ICSID hearing and charge him with corruption; Israeli businessman and Greek partner release text of $90 Million arbitration verdict against Georgia
  Oct 15, 2010
• Arbitrators in Kazakh case look dimly on investor’s document discovery bid in US courts; reminiscent of tribunal posture in El Salvador power arbitration
  Jun 27, 2010
• Tribunal to hear Venezuela nationalization claim under BIT, but tax and royalty disputes excluded due to timing of Exxon restructuring
  Jun 16, 2010
• Chevron decision analysis: tribunal steps into Ecuadorian judicial robes to resolve underlying dispute
  May 07, 2010
• Chevron wins first of two arbitrations with Ecuador
  Mar 30, 2010
• Dominican Republic settles trio of electricity arbitrations
  Sep 19, 2009
• Hungary sees another compensation demand after ending Power Purchase deals at EU behest; UNCITRAL tribunal convened
  Sep 02, 2009
• ANALYSIS: Arbitrators in Bayindir v. Pakistan explore meaning of fair and equitable treatment and national treatment
  Sep 02, 2009
• Pakistan prevails in $756 Million ICSID claim brought by Turkish construction company
  Sep 02, 2009
• Tribunals appointed in Alapi v. Turkey, Mobil v. Canada, Caratube v. Kazakhstan, iZee v. Georgia, and Duke v. Peru (annulment)
  Mar 17, 2009
• More details emerge of Dominican Republic arbitrations over electricity concession; arbitrators revealed in several cases
  Feb 28, 2009
• Russian Federation seeks to overturn jurisdictional award in Yukos shareholder claim; merits phase continues
  Jan 22, 2009
• Replacement arbitrator appointed in TCW v. Dominican Republic CAFTA arbitration over electricity investment
  Jan 05, 2009
• ICSID preliminary objection is raised by Venezuela in dispute with US investor over telecoms dispute
  Jan 05, 2009
• UNCITRAL tribunal rules that electricity claim can proceed against Dominican Republic; parallel CAFTA claim also afoot
  Oct 09, 2008
• Argentina faces a third treaty claim by hold-out bond-holders; Experts differ as to prospects
  Aug 07, 2008
• TRENDS: Ecuador seeing flow of claims challenging energy windfall measures despite recent move to avoid ICSID arbitration
  Jun 03, 2008